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84- Ill. ~E;!iE;g~1 '_,_n._ 3, 1, Permitted Acts. The Grantor agrees that, with~ti' affecting or dimini shing in any way the liabiHtyoftheGr~:p,~~, or any other person ( except any J>ersonexpre$slyt:elea"t~'c~,1Vi writing by the Beneficiary) for the payment or perfoJ:1\\.tlce():f";a~f of the Li abi li ti es or for the performance of any' 001i9at1;9n", contained herein or affecting the lien hereof upon theCollat.'ti;tJ..' or any part thereof, the Beneficiary may at any tilllea~f'i;~ time to time, without notice to or the consent of anyp~rs()n; release any person liable for the payment or performance of allY of the; Liabi Ii t~es; extend the tlme for, or agree' to . alter tll'e: terms of payment of, any indebtedness under the Note or any of the Liabili t~es; modify or waive any obligation; suborliihate, modify or otherwise deal with the lien hereof; accept additional. security of any k~nd; release any Collateral or otherproper:ty securing the Liabilities; make releases of any portion; of the Premises; secured by this Deed; consent to the making of an:ymap or plat of the Premises; consent to the creation of a condominium reg~me on all or any part of the Premises or the subinission of all or any part of the Prem~ses to the provisions of the California Condomir:aum Act or any si!7" Jar provisions of law. or to the crea.tion of fu"1Y e~sement,s on t~Il_~ '~~emises .....~r of any cove:nants restricting the use O!' occupancy ',en:;of; or exercise or refrain from exerc~sing, or wa~ve, any right the Beneficiary may have. 3,2, Leqal Expenses. The Grantor agrees to indemnify the Benefj ciarv f1-om all loss, damage and expense, including attorneys" fees. lncurred 1n connection with any suit or proceealng in ~~ t~ WhlCh ~he Beneflc2ary may be made or become a par~y for ~he purpose of protecting the lien or priority of ~~is Deed. "'. ..). ;'o~ ~;-~~~ent ;~SE.!}~str~ctio[l Deed. (a) The Grantor covenants that it will perform and satisfy all the terms, covenan~s and condit1onB of the Loan Agreement. (b) The Gran~or covenants and agrees that. in accordance with the prov1sions of the Loan Agreement, all of the funds ad- vanced and to be advanced thereunder have been and will be used exclus1vely to pay the costs of the construct10n of improvements on the Land (lncludlng the acqu1s1tion cost of the Land), and cer~ain addit10nal related costs as described in the Budget subml tted to and approved by Lender and constitutes a "Construction Deed" W1 th1n the meaning of the applicable Section of the Nebraska Uniform Commerc1al Code, All advances and indebtedness aris~ng or accrulng under the Loan Agreement from tlme to tlme, whether or not the total amount thereof may exceed ~~e Loan Amoun~ or w~e face amount of the Notal shall be secured hereby to the same extent as though said Loan Agreement were fully incorporated 1n this Deed, If there shall be any inconsistency between provis10ns of this Deed and the Loan Agreement, L'1e Benef1clary shall have the optlon of determining which of such lnconslstent provlsions shall prevail. (c) This Deed is granted to secure futul'e advances and loans from the Beneficiary to the Grantor. as provlded in the t.olln Ag:-eement, and costs and eKpenses of enfol'c1ng the Granter's obllgations under this Deed, the Securlty Documents and the Loan A91~eement. All advances requl:t-ed by the LQan Agreement. are -21- I 1.-